Bill on torture to go before NLA

By CHULARAT SAENGPASSA 
THE NATION 

 

File photo: Den Khamlae

 

New law, which will also prevent enforced disappearance, hailed by rights activists.

 

A CRUCIAL bill to prevent torture and enforced disappearance will soon enter the legislative process. 

 

The National Legislative Assembly (NLA) is expected to consider this bill on December 20. 

 

File photo: Pholachi “Billy” Rakchongcharoen

 

Rights activists have hailed the draft law as the best tool to date to deter torture and enforced disappearance. Prominent lawyer Somchai Neelapaijit, Karen-ethnic activist Pholachi “Billy” Rakchongcharoen and villager-turned-activist Den Khamlae are among those who disappeared mysteriously.

 

According to Amnesty Thailand, at least 59 human-rights defenders have been victims of enforced disappearance during the past two decades. 

 

“It’s good that the bill seeks to criminalise torture and enforced disappearance in all circumstances, including during wars and political unrest,” Cross Cultural Foundation director Pornpen Khongkachonkiet said yesterday. 

 

The director-general of the Rights and Liberties Protection Department (RLPD), Somn Promaros, said the bill would also impose punishments against a direct supervisor who was aware of but failed to stop his/her subordinates from carrying out torture or enforced disappearance. 

 

“Penalties are a jail term of between five and 25 years, and/or a fine of between Bt100,000 and Bt300,000,” he said.

 

He added that the punishments would increase if the victims were pregnant women, dependent persons or physically challenged. 

 

“There are clauses for remedial actions for the victims, too,” he said.

 

According to the draft law, the Department of Special Investigation (DSI) will be in charge of investigating cases of enforced disappearance and torture. Only in events where DSI officials are accused of such crimes will police be assigned to investigate. 

Somn said the NLA whip had already approved the bill. 

 

“On December 11, the whip will study the bill further and will forward it to the NLA,” he added. 

 

Somn said if the bill was turned into a law, every government agency involved in restrictions of people’s rights would have to compile a database of people subjected to restricted rights. 

 

“Such an agency would also be required to outline measures to stop torture, once detected, and provide remedy,” he explained. 

 

Pornpen said the Justice Ministry and several lawyers were behind this draft law. 

 

“It has been prepared based on the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Convention for the Protection of All Persons from Enforced Disappearance,” she said. 

 

Pornpen said the bill was very modern, and appreciated the fact that the bill would also bar Thailand from deporting any person who was at risk of enforced disappearance and torture. 

 

She said after the bill becomes law, the number of enforced-disappearance and torture cases in Thailand should see a reduction. 

“I believe supervisors will keep a closer watch on their subordinates,” she said. 

 

When the bill becomes law, a committee on the prevention of enforced disappearance and torture will be established, chaired by the justice minister. Committee members will include human-rights defenders, doctors and psychologists. 

 

Source: http://www.nationmultimedia.com/detail/national/30359857

 

-- © Copyright The Nation 2018-12-05

"...Prominent lawyer Somchai Neelapaijit, Karen-ethnic activist Pholachi “Billy” Rakchongcharoen and villager-turned-activist Den Khamlae are among those who disappeared mysteriously..."

 

Hmm...

 

I don't think there is much mystery; I would guess that many people know exactly what occurred.

 

Laws, such as this one, are great things if they are enforced.

 

 

2 hours ago, webfact said:

Somn said if the bill was turned into a law, every government agency involved in restrictions of people’s rights would have to compile a database of people subjected to restricted rights. 

Doubtful they will comply, and would that not be just about every agency in modern day Thailand ?

 

A law?...Seriously?

 

What good is criminalizing something when the thugs who have hijacked the government have blanket immunity from any and all laws? Who pray tell, is going to enforce this so-called 'law'? This is more PR eyewash.

 

As we've seen for the past four years...laws are for people without weapons.

 

 

Edited December 5, 20187 yr by Hayduke

A sad state of affairs that a bill such as this needs to even be talked about. Surely torture and enforced disappearance are already illegal. Could this be window dressing to generate positive publicity for the NLA because of something (hopefully) coming up soon... particularly as the main torture and disappearance perpertrators appear to be above the law anyway!!!

6 hours ago, webfact said:

A CRUCIAL bill to prevent torture and enforced disappearance will soon enter the legislative process. 

Great. They wrote something. To make them look better.

Being taken away for "attitude adjustment" is different. Because they wrote it so.

Given that we don't even enforce traffic laws in Thailand what chance is there of having redress if you are tortured?

In a country that can't even enforce it's traffic laws, how this make a bit of difference?

 

 

Edited December 5, 20187 yr by connda